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(영문) 제주지방법원 2016.11.29 2016가단54734

계약금반환 등 청구의 소

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1. The Defendants jointly share KRW 60,000,000 to the Plaintiffs and KRW 30,000,000 among them, from June 8, 2016 to June 2016.

Reasons

1. Facts of recognition;

A. On December 28, 2015, the Plaintiffs entered into a sales contract with Defendant C, a co-owner of the land and building in Jeju-si E and the ground building (hereinafter “instant land and building”) to purchase the instant land and building in KRW 400 million, and the down payment is KRW 30 million on the date of the contract, and the remainder KRW 370 million was to be paid in May 30, 2016 (hereinafter “instant sales contract”). By May 2, 2016, the Plaintiffs paid down payment of KRW 30 million to the Defendants until May 2, 2016.

B. The Plaintiffs and the Defendants did not reach an agreement with each other on May 30, 2016, which was the remainder payment date of the agreement.

Defendant C’s obligation under the instant sales contract to Plaintiff A on May 31, 2016, and to perform the obligation under the F judicial scrivener’s office at June 9, 2016 at the F judicial scrivener’s office at am on June 6, 2016, and if the Plaintiffs fail to perform, the contract will be deemed to have been rescinded.

The content-certified mail was sent.

C. On June 2, 2016, the Plaintiffs sent to the Defendants, and on June 6, 2016, a content-certified mail stating that the Defendants will perform only one of the remaining payment at the head office of the Saemaul Treasury or any balance payment at 10:30 am on June 7, 2016 on official holidays.

C. Ultimately, the Plaintiffs, at around 11:00 a.m. on June 7, 2016, met with Defendant C at the F Certified Judicial Scriveners’s office, but, at around 11:00 a.m., went away from Defendant C, due to the first cancellation of collateral security.

At around 12:34:00 p.m. on the same day, the Plaintiffs sent text messages to Defendant C, waiting for 2:0 p.m. to 30:0 p.m. 2:30 p.m., and prepared for KRW 370,000 as checks at F.m.’s office around 2:30 p.m., and did not mislead the Defendants.

The Defendants completed the registration of ownership transfer on June 8, 2016 on the instant land and building due to the same day trading in G.

[Grounds for recognition] Unsatisfy, A No. 1.